CMHC has a month to appeal district win From page 1 A staff report said the Northlands area had been omitted because of a possibil- ity of exchange with private owners in the area, or as an exchange for CMHC land used by the district for the Northlands Golf Course, and because staff were not sure where the boundary was. CMHC claimed the value of its hoidings was $100 mil- lion prior to the district's actions and thar the munici- pality’s rezoning left it with- out any use for its land. In its petition to quash the bylaws CMHC argued that the district used its zoning powers to take land for pub- lic use without compensation or, alcernatively, to create a holding zone by freezing the land. CMHC argued the bylaws were passed in haste and that council refused to order sur- vey reports and studics on the area. The district argued that the bylaws were a valid land use within the jurisdiction of the municipality and that removing residential uses from the land Icft. CMHC with open land and bare land uses, : As such, the CMHC land designation was not intended to preclude use or preserve _the land for public use. The district also respond- ed that the bylaws were not passed hastily and that there “was no need to spend time and moncy ‘on reports and studies when it had already decided against further devel- “-:, opment in the area. In her judgment, Madam Justice. Humphries wrote: “I agree with counsel for the district insofar as he says there was no hidden purpose - to council’s actions. ... . “In my view, there can be _ no doubt on a consideration of all the evidence before me that the municipality’s pur- pose in enacting the bylaws was to restrict residential development in the area.” Continued the judge, “The purpose of restricting residentia development could be achieved through zoning; ‘the ultimate result some members of the public and some council members hoped for, that the land remain undeveloped, could not.” Allowable uses for the CMHC lands zoned PRO provide for: recreation grounds, the keeping and raising of fish (except fish farming); the keeping and training of dogs; and, the operations of botanical gar- dens, marinas, stadium, golf courses, ski resorts, cemeter- ies and restricted watershed areas. The judge pointed out that there was “a misunder- “standing on the part of at least some members of coun- cil and many members of the _ public as to’ what could actu- ally be done with the CMHC land through the zoning process... “In reality, council had no control over whether CMHC would let the public continue to use its lands as a wilderness area, and their position now is that CMHC can and should restrict public access to the land through the uses remaining to them.” Madam Justice Humphries stated that wo or three district councillors mis- understood the meaning of PRO and thought they were cither creating a park or allowing the arca to remain as wilderness during the Mountain Forest bylaws and that at lease nwo district councillors persisted in this view during the Northlands bylaws. “Part of the problem is that no one ditterentiated between district, land) and CMHC land,” wrote the judge. “However, I am satisticd that the purpose of even those council members who wished the area to remain FACTORY FUTON Entrance in rear lane Manicures Pedicures Facials & Gel Nails Discover GBMPT ave ask for details Hon.- Sat. Ti-Gpm Sunday 12-5 pm wilderness was to restrict res- idential development in the area, 4 valid planning purpose and a legitimate regulation of Jand use which is within the district's jurisdiction... “There is no suggestion that the district: sought to freeze the land so they could decide what to de with it or so they could later acquire it themselves. “There is also no question that there are uses available under the PRO designation, however unsatisfactory they might be to CMHC.” “The judge concluded that she wished “a better job had been done of articulating what council was really doing and why. “However, 1 am satistic.! thar the bylaws Were passed for the purpose of regulating land use, and were thus in accord with the powers granted to the municipality under the Municipal Act.” SanfRAE 0397 ty wo Oe Soba pine sofa bed frame. ripe fam cate faten, stotch-qarted ferea cover. pitatss aad plows cavers, White quanhtes fast 267 €. Ist. 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